Sons name change

Carly - posted on 06/06/2010

No this is rubbish & a complete waste of time. If you have named your child with your name then that's how it will stay. The only way you can change a child's name is through marriage. That's how it is in Britain anyway! What a twat your son's father is, just tell him to do one!

Megan - posted on 06/06/2010

wow, I went through this same problem in the state of Ohio, and each state does differ with it's laws. My daughter had my last name and her father wanted to change it. He didn't sign the birth certificate until a DNA test was done. He wanted to change her last name, and we went to court over it. He lost. Just because he IS the father, does NOT mean your son has to have his fathers last name. Bottom line.

Amanda - posted on 06/06/2010

the father has rights before a grandparent.

Melissa - posted on 06/06/2010

to amara: you dont know the situation maybe the child would be better off with Lacey as the mother. i talk the same way about my son (who is really my husbands). he would be better off with me as a mother couse his real mother has no clue about anything with him. im not saying she is a bad mother cause she dose good with her daughter, but she has a hard time with our son because she doesnt understand him

Amanda - posted on 06/06/2010

back child support is always paid. They take it right from my nephew's dad's paycheck.

Amanda - posted on 06/06/2010

They cannot change the child's name because dad wants it changed. both parents must agree. The birth certificate is a legal document and therefore one person cannot decide to change it on a whim!

Amanda - posted on 06/06/2010

Hahaha. I'm actually in school for law, now he cannot just go change his name without your consent. If he signed the birth certifiate, then both of you have to consent to name change.

Melissa - posted on 06/05/2010

A COURT CAN HAVE HIS NAME CHANGED AS OTHER MOMS HAVE POSTED.

Suzanne - posted on 06/05/2010

documents have to be signed and they father has to pay for it....at least thats how they do it here but as far as i know they can not make you change it

Melissa - posted on 06/05/2010

& that is TRUE if the FATHER is PROVEN to be the FATHER & WANTS SAID CHILD to have his LAST NAME they CAN & WILL DO IT.

IN MY CASE MY DAUGHTER'S SPERM DONOR DIDNT DO SO & HE ALSO SAID FOR CUSTODY TO REMAIN WITH ME & HE ONLY GETS TO GET OUR DAUGHTER EVERY OTHER WEEKEND & WHEN HE HAS NG STUFF (National Guard Stuff) HE DONT GET TO GET HER IS WHAT THE JUDGE TOLD US WEN HE TOOK ME TO COURT

ALSO I DIDN'T HAVE A LAWYER EITHER WOULD HAVE COST 3000 IN MY STATE WHICH IS SOUTH CAROLINA

Melissa - posted on 06/05/2010

also no matter if that what helps you provide for your child (should thought bout that before you became pregnant) he can take it to court to get child support changed if hes not working ect...

& they can change the last name to the fathers even if you dont want it i personally dont see what the problem is if hes in his childs life just do both last names & your child will have yours & his last name & you can still just use your last name you dont have to have your child go by his.

Melissa - posted on 06/05/2010

no he will not have to pay back child support my daughters sperm donor took me to court my daughter will be 2 on the 18th of June & he didnt have to pay back child support & my daughter has my last name he just took me for visitation & i asked for childsupport to be paid through court so if he dont pay he goes to jail :-)

Rebecca - posted on 06/05/2010

No they can not legally change your child's name without your signature. He can waste his money all he wants but you know what, he will need a DNA test first, second if i was you request a sperm count LOL, and as far as i know i can name my child joe blow and no one can say a thing. We can make a new last name and my kids could have different names then myself or their father. Did he sign the Birth certificate? If not then i'm pretty sure he can't do a thing, if the child was under 1 then yes he could fight but not now. There is a guy in Quebec who thought a little girl was his, his name is on the BC and then him and the women split and someone told him it wasn't his kid. The little girl was 3 or something. So he ordered a DNA test and sure enough it wasn't his. BUT the courts wouldn't take the name off the BC because it was after a year and nothing can be changed. They said a father is not someone who gives sperm it is the person that raises the child, so he now has to pay child support for a child that isn't technically his. Look up this file and bring it with you, if your case does go to court. IF he wins and that's a BIG If, he will then have to pay back child support from the last 3 years and child support for the next 15years lol.

Melissa - posted on 06/05/2010

he didnt have to sign the birth certeficate if you gave him your last name only reason for him to sign is for you gave him his fathers last name & yall weren't married.


why dont you add his name to it & your child have both yalls names. since he is HAVING VISITATION & PAYING CHILDSUPPORT keep it out of court & just have your child have both yalls last names

Ashley - posted on 06/05/2010

he will have to prove the child has something to gain from it....my husband just got custody of his 5 year old son IN MaY of 2009 and he doesnt have my husbands last name (although my husband knew NOTHING of him when he was born) but we have to prove that its in the child best interest to have his last name changed...so good luck

Erin - posted on 06/05/2010

Does he pay child support? Does he see the child? If not I dont see where he has any right to make you do that but it'll be up to the judge. If it were to go too far then he will be ordered to have a DNA test done and he'll have to pay for it, then he will be ordered to pay support and will then have visitation. So get prepaired, I was facing a different yet simular case myself and it was bad, but I did get remarried and my current husband has adopted my son and everythings all good now. Good luck!

Amanda - posted on 06/05/2010

Sadly yes they can do that!! My ex had his son's name changed even though his mother didn't want it. Now I gave my daughter his last name and I want to change it to match mine and my new son's but I can't without his permission because he's on the birth certificate

Katie - posted on 06/05/2010

@Christina I: I gave my son his father's last name, even tho we weren't married (big mistake on my part). I have been under the belief that if he does not pay any support for a year you are able to go and legally change your child's name w/o him fighting it. I know it hurts to know that your child will grow up w/ a different last name than you, but when she's older she'll have that option to change it herself. I would put it in the newspaper and he'll have so many days to respond, and if he doesn't move forward w/ the name change. It'll cost a pretty penny to do it, but I think it would be worth it.
Georgia: I'm sorry you have to deal w/ that P.O.S. that claims he is a father. I don't know where you are from, but here in Ohio, it is the mother who has control of everything. Unless there are papers stating otherwise. It was and still is your decision as far as what name your son has. A judge will look at the well being of the child, and by changing his name (at such a young age) will only confuse him! You obviously knew AT BIRTH what was the best interest of the child! Sounds to me that he is starting to regret some of his behavior...or is there a female in his life that he is trying to impress? I know that my son's dad has stepped up as a father more when he is impressing somebody. Let him take you to court, if he can; in the meantime, keep track of a journal of any contact he may have w/ your son. Keep track of receipts of things you buy for your son...etc. etc. It always helps to have that back up just in case. I would call a lawyer, or if money is a problem, call the local University and sometimes the students in the law school are able to help in some way.Good luck and definitely keep us posted on any updates...this just irks me that you have to go thru this!!

Lacye - posted on 06/05/2010

if he's going to, it's going to be hard. my bf's ex gave their child her last name because he wasn't able to be there when the child was born and in my state the father has to be present in order for the name to be his. we have to get her birth certificate changed, the social security card changed, and this was after he signed that he was in fact the father and he is paying child support.

Jessi - posted on 06/05/2010

to my knowledge they have to put a notice in the local paper & anyone who may contest it is allowed to do so. you being his mother obviously have the right to contest it & since you have full custody the court would most likely rule in your favor.

my oldest brother changed his name from his "sperm donors" to our dad's so i know a little of how the proccess went.

Nicole - posted on 06/05/2010

you will have a chance to speak in court. The judge will make a decision based on all the facts, and if you have been raising the child I see no reason the judge would allow it. The decision a judge makes is what has to happen. He may order a change by just adding the fathers name but not removing yours. Like hyphenated or something.

Elizabeth - posted on 06/05/2010

You both agreed to it when signing the birth certificate, I would imagine you both need to agree to have it changed. Make sure you note all these things you told us, especially the brother us carrying the "family name".

Carrie - posted on 06/05/2010

When our daughter was born, her father and I were not married, but we decided to give her his last name, because we were engaged however we both had to sign the document. So I would assume you both have to sign the document. Just make sure to get a lawyer and go to court. If it is legal to to leave his last name the way it is I would if I were you since the two of you are not married or together and you have full custody. Good luck to you.

Beverly Bunny L - posted on 06/04/2010

if there is medical proof, legally, he has no right. also, the name that is on his birth certificate is legally his. and if all else fails, use the fathers last name as a second middle name

Susann - posted on 06/04/2010

i don't think he can.. i was going to have to go to court against my baby's daddy, and if he requested that i change the name they would have to mail me a paper to sign.

Stefanie - posted on 06/04/2010

My husbands cousin was killed in a car accident last fall and her mother got custody of her four year old little girl...her father took her to court and after a confirmed DNA test the judge gave him custody of her and changed her last name against the grandmothers wishes. I hope it doesn't turn out that way for you. Just get a good lawyer.

Aubrey - posted on 06/04/2010

I found this, thought it might help.

Changing a child’s name

A child’s name can be changed at any time, provided it is not to deceive or defraud another person. There is no legal procedure which must be followed in order to change a child’s name, providing all the people who need to give their consent have done so. The parent simply starts using the new name. A child’s forename or surname can be changed, names can be added or rearranged.

Although there is no legal way to change a child’s name, you may need evidence that a child’s name has been changed (see under heading Evidence of change of name). However, the details on a child’s birth certificate cannot be changed, except in limited circumstances.

Changing details on a child’s birth certificate can be complicated. If you wish to do so you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on (New window) nearest CAB.

If you are a child or young person under 16 your consent does not have to be given for your name to be changed. However, if you object to your name being changed you can apply for a court order to prevent the change, provided the court is satisfied that you have sufficient understanding of what is involved.

As a child or young person under 16 you cannot change your surname without your parent’s consent.

Once a child’s name has been changed it can be used for all purposes, such as starting school and registering with a GP. However, evidence may be required (see under heading Evidence of change of name).

Who can change a child’s name

Where only one parent or person has parental responsibility for a child, that person can lawfully change the child’s name. Where two or more people have parental responsibility for the child, one of them can lawfully change the child’s name if all the others agree. Such agreements do not need to be in writing.

If there is a residence order in force, a child’s name cannot be changed without the written agreement of anyone else who has parental responsibility or the permission of the court.

For more information on residence orders, see Ending a marriage, Ending a relationship when you're living together or Ending a civil partnership.

This means that where the parents are or have been married, neither can change the child’s name without the consent of the other parent. If the parents have not been married, the mother can change the child’s name without the father’s consent unless he has acquired parental responsibility through agreement or by a court order.

For more information about parental responsibility, see Children at the end of your relationship in Ending a relationship when you're living together or Children at the end of a civil partnership in Ending a civil partnership.

Aubrey - posted on 06/04/2010

There are no laws stating that a child has to have the father's last name...Period. The judge will take all points into consideration and will make a decision in the best interest of the child, not the parents. In my personal opinion, the biological father's case doesn't seem to hold a lot of water here, especially since he was willing to sign over his rights for the child to have his last name from the get-go and did so when he signed the birth certificate. I understand your frustration and would be appalled if this happened to me. My best advice at this point is to talk to a paralegal, they know just as much as lawyers and are many many times cheaper, usually they will give a free consultation, and find out how to approach this situation in the most tactful way possible. Good Luck and keep your chin up!

Chatty - posted on 06/04/2010

Make sure you keep us posted.....I'm interested to know how it turns out and more importantly what the judge says in regards to it!?

Georgia - posted on 06/04/2010

You guys have given me so much hope, and i'm totally more in control with my feelings now. I felt that since he had an attorney, and i cannot afford one at this time i was going to be the one who was sol. I do agree that he is wanting to change the name to hurt me, and it would, incredibly to have that name change stand.
Dana- I would just ignore liz, i'll keep you all posted on how the court rules, not sure when the hearing is going to be, but i sure hope the court rules me in favor this time!!

Chatty - posted on 06/04/2010

Liz! Are you there? Did you read that? I'm still curious where you got your information and why you were so quick to insist I was wrong?

Christina - posted on 06/04/2010

When I had my daughter her father and I were not married and had no plans to. I gave my daughter my last name. He has not been there for any part in her life and she is now 10 years old. I have since been married to the man who has raised her. I would like to change her last name to my husband's last name and I am not allowed to do that because I need permission from her biological father. If he contests than I will not be able to. If ONE parent does Not Agree to the name change It can NOT be done! I was told this by multiple Law offices. Good Luck!

Veronica - posted on 06/04/2010

maybe he is just trying to hurt you i say hurt him back he is your son no matter what dna says if your the one around you feed, clothe and take care of him then hes your son.... if that bastard doesnt do shit for that little boy then why should he get a say in anything???

Jessica - posted on 06/04/2010

I would think that he would have to show that it would be in the best interest for the child, which I do not see that as something that would be in the best interest for your son. My daughter has known her full name since she was 2, and I would think that it would confuse her to have a different name all of a sudden. I would also think that if he signed the BC, he's SOL. You can't just deciede to have his name changed after the fact!

Good luck!

Amanda - posted on 06/04/2010

Since Zander doesn't have his last name i'd tell the court you want a paternity test done and that he owes you back child support. I'd also challenge the guy on the fact that he hasn't been around the whole past 3 years.

Chatty - posted on 06/04/2010

She stated it like it was a FACT and now I wanna hear back from her?!

Aly - posted on 06/04/2010

yeah i'm going to have to say, there is NO reason they should allow this to happen in a courtroom. Yes the father has rights to see and support the child but definitely does not have the right to go and change his name at a whim. I don't know where you're getting your information from liz...or is that just an opinion.

Chatty - posted on 06/03/2010

Thanks Kayleigh....where did you get ur information Liz?

Kayleigh - posted on 06/03/2010

I am afraid that it is not true. If they agreed on the surname than you need both parnets consent to change it - I dont know why you seem to be under the impression that the fathers surname can take president over the mothers because it is way off the mark.
If you agreed on his name and then he signed the birth certificate stating the name chisen then he cannot simply decide he doesnt like it after 3 years - it would be like say he doesnt like the name Zander anymore and taking you to court to change his name to ted!!
Who is and is not more important is irrellevant - the kid has his name and his dad shouldnt want to confuse his "legacy"!!!!
Tell him to grow up!
Hope it goes well for you :-)

Liz - posted on 06/03/2010

Sorry, Dana. It is true.

Chatty - posted on 06/03/2010

That's NOT true.....it doesn't matter if he's the biological father....why does the father's last name get preference over the mothers?

Georgia - posted on 06/03/2010

I would also like to note that i have no problem with my child knowing or seeing his father, i just am against the name change. We didn't name him with his fathers last name, we agreed upon that BEFORE birth, and he signed the birth certificate.

Liz - posted on 06/03/2010

They will change his name because he's the father. That's just the way it works. It doesn't matter if you're married to him.

Georgia - posted on 06/03/2010

Yes, he signed the birth certificate with this as his name. Yes he is in his life and has regular visitation. Yes, he pays child support, but we are also going to court because he is trying to terminate the order because he's on disibility. (mind you, my income alone is NO WHERE near the amt that i can raise this child on my own, and actually his little support is what keeps food on my table) My question is, my son is almost 3 years old, why NOW is the question being risen about his name? Why would he wait until he has learned his full name to change it? Yes, my child is very smart and can memorize a new name, but i just don't see the big deal.
i'm not married to this man, so why should the courts change the name if i'm not willing to do this?

Liz - posted on 06/03/2010

If Zander is his biological child, then yes; the judge can change the child's name regardless of your feelings. DNA will have to be provided to establish paternity before anything can happen.



If he's Zanders father, not only can/will the judge change his last name but his father will be entitled to visitation and a custody arrangement will be decided upon.



Unless you can prove that his father is a danger, he has a right to know his child.

Leslie - posted on 06/03/2010

Get a lawyer and tell them the same thing you posted here.

Amy - posted on 06/03/2010

If you have full custody does he pay any child support? I could see if the dad was more involved that it might be different but if the dad isn't really in the childs life then it's not right.

Also, maybe you can push to have them wait a few years until your child is older and understand the situation and allow him to decide for himself.

Chatty - posted on 06/03/2010

LOL! I know our justice system is fucked but I would be AMAZED if he can actually do that?! What a load of shit! Didn't he sign the documents when your son was born? I'm guessing he'll have to get a DNA test etc. etc.

Do you have a lawyer? I would love to know what happens? Keep me posted!